Iowa Code

Iowa Code § 123.46 (2026)

Consumption or intoxication in public places — notifications — chemical tests — expungement

✓ current as of July 2026

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1. As used in this section unless the context otherwise requires:

a. “Arrest” means the same as defined in section 804.5 and includes taking into custody pursuant to section 232.19.

b. “Chemical test” means a test of a person’s blood, breath, or urine to determine the\n\nTue Dec 09 22:28:05 2025 Iowa Code 2026, Chapter 123 (93, 2) 39 ALCOHOLIC BEVERAGE CONTROL, §123.46A\n\npercentage of alcohol present by a qualified person using devices and methods approved by the commissioner of public safety.

c. “Peace officer” means the same as defined in section 801.4.

2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place except premises covered by a retail alcohol license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending a public or private school-related function. A person shall not be intoxicated in a public place. A person violating this subsection is guilty of a simple misdemeanor.

3. A person shall not simulate intoxication in a public place. A person violating this subsection is guilty of a simple misdemeanor.

4. When a peace officer arrests a person on a charge of public intoxication under this section, the peace officer shall inform the person that the person may have a chemical test administered at the person’s own expense. If a device approved by the commissioner of public safety for testing a sample of a person’s breath to determine the person’s blood alcohol concentration is available, that is the only test that need be offered the person arrested. In a prosecution for public intoxication, evidence of the results of a chemical test performed under this subsection is admissible upon proof of a proper foundation. The percentage of alcohol present in a person’s blood, breath, or urine established by the results of a chemical test performed within two hours after the person’s arrest on a charge of public intoxication is presumed to be the percentage of alcohol present at the time of arrest.

5. a. A peace officer shall make a reasonable effort to identify a person under the age of eighteen who violates this section and refer the person to juvenile court.

b. A juvenile court officer shall notify the person’s custodial parent, legal guardian, or custodian of the violation. In addition, the juvenile court officer shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent’s designee, or the authorities in charge of the nonpublic school, of the violation. A reasonable attempt to notify the person includes, but is not limited to, a telephone call or notice by first-class mail.

6. Upon the expiration of two years following conviction for a violation of this section or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety if such a record was maintained in the criminal history data files.

7. A person shall not be charged or prosecuted for a violation of this section if the person is immune from charge or prosecution pursuant to section 701.12. [C35, §1921-f42, 1921-f127; C39, §1921.042, 1921.132; C46, 50, 54, 58, 62, 66, 71, §123.42, 124.37; C73, 75, 77, 79, 81, §123.46] 85 Acts, ch 32, §36; 86 Acts, ch 1067, §1; 89 Acts, ch 225, §10; 92 Acts, ch 1231, §7; 2000 Acts, ch 1138, §1; 2010 Acts, ch 1044, §1, 2; 2010 Acts, ch 1071, §1; 2010 Acts, ch 1128, §1; 2011 Acts, ch 17, §10; 2016 Acts, ch 1058, §1; 2019 Acts, ch 140, §1; 2020 Acts, ch 1080, §1; 2022 Acts, ch 1099, §41, 88 Referred to in §123.91, 232.22, 232.52, 701.12, 901C.3 \n

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1983–2021 · leading case: State of Iowa v. Patience Paye, 865 N.W.2d 1 (Iowa 2015).

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State of Iowa v. Patience Paye, 865 N.W.2d 1 (Iowa 2015). · cites it 5× “2d 209, 215-16 (Iowa 2003); see Iowa Code § 123.46 (2) (2013) (“A person shall not be intoxicated in a public place.”

State v. Booth, 670 N.W.2d 209 (Iowa 2003). · cites it 4× “Iowa Code § 123.46 (2) (2001) (emphasis added).”

State v. Allen, 690 N.W.2d 684 (Iowa 2005). · cites it 3× “See Iowa Code §§ 123.46 (2), .91 (2003). 1 Allen denied the charge, and the court appointed an attorney to defend him.”

State of Iowa v. Walter Scott Sutton, 853 N.W.2d 284 (Iowa Ct. App. 2014). · cites it 3× “2d 561, 563 (Iowa 1992) (noting “the public intoxication statute, contained within a chapter entitled the ‘Iowa Alcoholic Beverage Control Act,’ makes no reference to intoxication by any other controlled substances”); compare Iowa Code § 123.46 , with Iowa Code § 321J.”

State v. Harris, 490 N.W.2d 561 (Iowa 1992). · cites it 3× “See Iowa Code § 123.46 (2) (“A person shall not be intoxicated or simulate intoxication in a public place.”

State v. Stevens, 394 N.W.2d 388 (Iowa 1986). · cites it 2× “See Iowa Code § 123.46 (1983). A patdown search of the defendant produced a knife and a case containing two glass vials of powder, a tube, a flat stone, a spoon, and a razor blade.”

State v. Lake, 476 N.W.2d 55 (Iowa 1991). · cites it 2× “Iowa Code § 123.46 (1989). The phrase "public place" is defined as "any place, building, or conveyance to which the public has or is permitted access.”

United States v. Erick Garcia-Sandobal, 703 F.3d 1278 (11th Cir. 2013). “, Iowa Code § 123.46 (2); Miss.Code Ann. § 97-29-47; Va.”

State v. Elliott, 557 N.W.2d 887 (Iowa 1996). “at 57 ; see Iowa Code § 123.46 . However, the facts in this case do not parallel those in Lake .”

State of Iowa v. Brian Timothy Shepherd (Iowa Ct. App. 2016). “Iowa Code § 123.46 (6). The district court denied Shepherd’s petition because Shepherd was convicted in September of 2011, within two years of the conviction at issue, for public intoxication, third offense.”

State of Iowa v. Eddy Shami Muligande (Iowa Ct. App. 2019). “Iowa Code §§ 123.46 (2), 903.1(1)(a) (Supp.”

Martin Beaulieu v. State of Iowa (Iowa Ct. App. 2021). “See Iowa Code §§ 123.46 (2), 719.1(1)(b) (2018).”

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